What is an eligible person?
In NSW the Succession Act provides that only ‘Eligible Persons’ may apply to the Court for provision or further provision from the estate of a deceased person.
The Eligible Person hurdle must be established by evidence given on oath proving the fact that the person applying to challenge the Will is an Eligible Person. While a husband, wife or child can easily prove their eligibility, for the other categories it may be a difficult task.
Each category has received special consideration by the Court leading to a body of case law in each area. Further information on each category can be found by clicking below.
- De facto
- Child
Take the next step
- Do I have a case? Take the Online Assessment Here
- Send an Enquiry
